Received: 7 June 2020 | Revised: 12 September 2020 | Accepted: 18 October 2020 DOI: 10.1111/jasp.12722 ORIGINAL ARTICLE Hindsight bias and outcome bias in judging directors’ liability and the role of free will beliefs Niek Strohmaier1 | Helen Pluut1 | Kees van den Bos2 | Jan Adriaanse1 | Reinout Vriesendorp3 1Department of Business Studies, Leiden University, Leiden, the Netherlands Abstract 2Department of Psychology and School Following a corporate disaster such as bankruptcy, people in general and dam- of Law, Utrecht University, Utrecht, the aged parties, in particular, want to know what happened and whether the com- Netherlands 3Department of Company Law and pany's directors are to blame. The accurate assessment of directors’ liability can Department of Business Studies, Leiden be jeopardized by having to judge in hindsight with full knowledge of the adverse University, Leiden, the Netherlands outcome. The present study investigates whether professional legal investiga- Correspondence tors such as judges and lawyers are affected by hindsight bias and outcome Niek Strohmaier, Department of Business Studies, Leiden University, Steenschuur 25, bias when evaluating directors’ conduct in a bankruptcy case. Additionally, to 2311 ES Leiden, the Netherlands. advance our understanding of the mechanisms underlying these biases, we also Email:
[email protected] examine whether free will beliefs can predict susceptibility to hindsight bias and outcome bias in this context. In two studies (total N = 1,729), we demonstrate that legal professionals tend to judge a director's actions more negatively and perceive bankruptcy as more foreseeable in hindsight than in foresight and that these effects are significantly stronger for those who endorse the notion that humans have free will.